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91_HB2704eng
HB2704 Engrossed LRB9105543LDmb
1 AN ACT to create the Deferred Presentment Act.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be known as the
5 Deferred Presentment Act.
6 Section 45. Violations; suspension or revocation of
7 licenses. The Director may, upon 10 days notice to the
8 licensee by United States mail directed to the licensee at
9 the address set forth in the license, stating the
10 contemplated action and in general the grounds therefor, and
11 upon reasonable opportunity to be heard prior to such action,
12 fine, suspend, or revoke any license issued hereunder if he
13 or she finds that:
14 (1) The licensee has failed to pay the annual
15 license fee or to comply with any order, decision, or
16 finding of the Director made pursuant to this Act;
17 (2) The licensee has violated any provision of this
18 Act or any regulation or direction made by the Director
19 under this Act;
20 (3) Any fact or condition exists which, if it had
21 existed at the time of the original application for such
22 license, would have warranted the Director in refusing
23 the issuance of the license;
24 (4) The licensee has not operated the deferred
25 presentment business at the location licensed for a
26 period of 60 consecutive days, unless the licensee was
27 prevented from operating during such period by reason of
28 events or acts beyond the licensee's control.
29 Prior to suspension or revocation of a license issued
30 under this Act, the Director may but is not required to fine
31 a licensee up to a maximum of $100 a day.
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1 The Director may fine, suspend or revoke only the
2 particular license or licenses for particular places of
3 business or locations with respect to which grounds for
4 revocation may occur or exist; except that if he or she finds
5 that such grounds for revocation are of general application
6 to all places of business or locations, or that such grounds
7 for fines, suspension, or revocation have occurred or exist
8 with respect to a substantial number of places of business or
9 locations, he or she may fine, suspend, or revoke all of the
10 licenses issued to the licensee.
11 A licensee may surrender any license by delivering to the
12 Director written notice that he or she thereby surrenders
13 such license, but such surrender shall not affect such
14 licensee's civil or criminal liability for acts committed
15 prior to such surrender or entitle such licensee to a return
16 of any part of the annual license fee or fees.
17 Every license issued under this Act shall remain in force
18 until it expires, or is surrendered, suspended, or revoked in
19 accordance with this Act, but the Director may on his or her
20 own motion issue a new license to a licensee whose license
21 was revoked if no fact or condition then exists that clearly
22 would have warranted the Director in refusing originally the
23 issuance of the license under this Act.
24 No license shall be revoked until the licensee has had
25 notice of a hearing thereon and an opportunity to be heard.
26 When any license is so revoked, the Director shall within 20
27 days thereafter, prepare and keep on file in his or her
28 office a written order or decision of revocation that shall
29 contain his or her findings with respect thereto and the
30 reasons supporting the revocation and shall send by United
31 States mail a copy thereof to the licensee at the address set
32 forth in the license within 5 days after the filing in his or
33 her office of such order, finding, or decision. A review of
34 any such order, finding, or decision may be had in the same
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1 manner as provided in Section 22.01 of the Currency Exchange
2 Act.
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